The Department of Labor (“DOL”) has provided an update on the current PERM processing dates as of May 31, 2010. They are as follows: Regular processing: August 2009. DOL is processing PERM applications with priority dates in August of 2009. This suggests that there is certain forward movement for regular PERM processing. Accordingly, regular PERM [...]
About InfoPass In addition to being able to obtain basic case status information or obtain services related to immigration through the USCIS customer service phone line, InfoPass is a free service which allows scheduling an appointment with a USCIS immigration officer by using the Internet. InfoPass is helpful for resolving immigration issues that are best [...]
In addition to the numerous inquiries on filing a new I-140 when a previous I-140 is pending on appeal, our office handles a number of such new I-140 filings. Pursuant to USCIS guidance, a previously approved labor certification which was timely used to file an I-140 can, in many circumstances, be subsequently used to file [...]
This question arises often in the context of Visa Waiver Program (VWP) travelers who seek to enter the U.S. under VWP while their visa application (for H-1B, for example) has been “delayed” by the U.S. consulate. Under VWP, a nonimmigrant alien applicant for admission to the U.S. under VWP must indicate on Form I-94W and on [...]
Our office is not alone in noticing the increased amount of RFEs issued in connection with EB-1A, Alien with Extraordinary Ability, filings. We have noticed not only that some RFEs are very vague in terms of language and requirements but also that cases which are clearly well-documented and supported as part of the initial filing [...]
The Nebraska and Texas Service Centers (NSC and TSC, respectively) have informed that they will start issuing denials on pending I-485 upon denial of the underlying I-140 petition. Until now, USCIS has a policy from a Memorandum of Feb. 28, 2003 from William R. Yates, “Procedures for Concurrently Filed Family-Based or Employment-Based Form I-485 when the [...]
As part of our regular USCIS-related filings, we receive requests for evidence (”RFES”) on a number of occasions. Such RFES are standard practice and often are unrelated to the substance of the petition - for example, requesting clear copies of the lastest Form I-94 card. It is our practice to ensure that each petition filed [...]
We have written before about the H-1B quote of 65,000 which opens on April 1, 2008 for starting employment date of October 1, 2008. We anticipate that the entire quota will be used on the first day of the filing, therefore it becomes important to make sure the filing is done correctly.